Unless the context specifically indicates otherwise, the meaning
of the terms used in this article shall be as follows:
APPLICANT
The person who has applied for a right-of-way permit or a
construction permit.
APPLICATION
The form prescribed by the Borough which the applicant must
complete in order to obtain a right-of-way permit.
CONSTRUCTION
The building, erection or installation in, on or under a
right-of-way. It does not include maintenance or repair of equipment
in a right-of-way or a single line extension from equipment in the
right-of-way.
CONSTRUCTION PERMIT
The document that must be obtained before a person may perform
construction in a right-of-way.
EMERGENCY
An interruption of service or a condition that poses a clear
and immediate danger to life or health or significant loss of property.
EQUIPMENT
Any tangible property located or proposed to be located in
a right-of-way, including, but not limited to, wires, lines, cables,
conduits, pipes, supporting structures or other facilities.
IN
When used in conjunction with "rights-of-way" means over,
above, in, within, on or under a right-of-way.
MAINTENANCE
Work of a minor nature that will keep an existing condition
from failure or decline.
PERSON
Any individual, firm, partnership, association, corporation,
company or other business entity.
RESTORE or RESTORATION
The process by which a right-of-way is returned to a state
that is as good or better as its condition before construction.
RIGHT-OF-WAY
The surface and space in, on, above and below any real property
in which the Borough has an interest in law or in equity, including,
but not limited to, any public street, boulevard, avenue, road, highway,
easement, freeway, lane, alley, court, sidewalk, parkway, river, tunnel,
viaduct, bridge, park, green space or any other place.
RIGHT-OF-WAY PERMIT or PERMIT
A written authorization granted by the Borough to an applicant
for use of the rights-of-way in the Borough for wires, lines, cables,
conduits, pipes, supporting structures and other facilities.
TELECOMMUNICATIONS SERVICES
The services offered to customers involving the transmission
of video, data and/or voice communications and/or content, both active
and interactive, and associated usage.
A right-of-way permit may be transferred or assigned, upon 30
days' written notice to the Borough, provided that the transferee/assignee
agrees in writing to comply with all of the obligations and requirements
contained in this article.
A permit holder may be required, prior to construction, to obtain
a performance bond in a reasonable amount set by the Borough, based
upon the construction cost of the equipment to be installed in the
rights-of-way and the extent of the disturbance of such rights-of-way.
The performance bond shall ensure the permit holder's faithful
performance of its construction obligations. The Borough may reduce
or cancel the bond requirement when construction is completed.
If the Borough has reason to believe that the permit holder
violated any of the terms of this article, it shall notify the permit
holder in writing of the nature of the violation and the section of
this article which it believes has been violated. The permit holder
shall have 20 business days to cure the violation. If the nature of
the violation is such that it cannot be fully cured within such time
period, the Borough may, in its reasonable judgment, extend the time
period to cure. If the violation has not been cured within the time
period allowed, it shall be subsequently punishable by a fine of up
to $100 per day until the violation is cured.
Fox Chapel Borough, by granting any permit under this article,
does not waive, lessen, impair or surrender the lawful police powers
vested in the Borough under applicable federal, state and local laws
pertaining to the regulation or use of the rights-of-way.
The provisions of this article shall be imposed upon and enforced
against all persons requiring a permit from the Borough.